Incorporating a mix of seminal and modern cases and materials, this casebook delivers broad coverage of trademarks, unfair competition, and business torts, with ample material on the role of technology. Practice problems in each chapter encourage students to think like practitioners. Ideal for courses on Trademark Law, Unfair Competition, or Business Torts, this casebook features: a broad examination of current trademark and unfair competition law outstanding coverage of false advertising law extensive treatment of the "hot news" doctrine (misappropriation), including the most recent cases a thoughtful survey of business torts, including cases that address tortious interference, trade libel, and related torts such as RICO dynamic pedagogy that spans cutting-edge cases and materials, notes, questions, and hands-on practice problems
This book first addresses substantive issues, beginning with the changing role of business torts in antitrust litigation and continuing with the extent to which antitrust concepts have been invoked in business tort litigation (focusing on the competitive privilege and the Noerr-Pennington defense). The next chapter surveys the field of unfair competition, followed by an examination of the business torts of commercial disparagement and defamation. Subsequent chapters address interference torts, the common law and statutory torts of fraud and negligent misrepresentation, the field of misappropriation of trade secrets, and recent developments in the area of punitive damages.
"Christopher Wadlow's The Law of Passing-off is the only specialist practitioner's reference work dealing with the common law torts of unfair competition by misrepresentation, namely passing-off and injurious falsehood.
The many strands of trademark and unfair competition doctrine are organized into a coherent conceptual framework consisting of a brief examination of foundational concepts, followed by thorough treatments of the law on (1) the creation of trademark rights; and (2) the scope & enforcement of trademark rights and some related causes of action. The traditional case-and-note format is enhanced by problems that help students understand intricate key topics. Trademarks and Unfair Competition features many issues related to online commerce, such as cybersquatting, keyword advertising, the relationship between trademarks and domain names, and the potential secondary liability of online auction websites such as eBay. International as well as domestic issues are thoroughly explored. Comprehensive coverage of trade dress protection is integrated with issues of word mark protection. New to the 5th Edition: the Tam and Brunetti decisions striking down the scandalousness and disparagement bars to registration extensive coverage of recent case developments on expressive uses of marks in political and artistic contexts the Belmora decision on well-known marks and developments on extraterritorial application of the Lanham Act Key Features: coherent conceptual framework clearly delineating creation of rights and enforcement of rights issues traditional case-and-note format, enhanced by problems thorough coverage of trademark issues arising in online commerce integrated coverage of international and domestic doctrine thorough treatment of trade dress protection, integrated with issues of word mark protection
Advanced and Business Tort Law is an ideal casebook with statutes and problems for an advanced and personal torts courses, a business and unfair competition torts courses, or survey of advanced tort law courses. Advanced and Business Tort Law is designed for advanced torts classes with a detailed treatment of dignitary and personal economic torts or business and unfair competition torts or a summary treatment of both. Unlike other casebooks, Advanced and Business Tort Law is ideal for any of the common combinations of the subject matter discussed in upper-level torts classes. The authors’ approach emphasizes the elements of each tort and the policies underlying the tort doctrines. Even more than in their Basic Tort Law casebook, appreciating the statutes relevant to each tort is critical because of significant doctrinal differences among jurisdictions. Key Features of this Edition: Ideal for either dignitary and personal economic torts classes, business and unfair competition classes, or a survey class covering all torts not included in introductory torts classes. Complements Basic Tort Law: Cases, Statutes, and Problems providing complete coverage of modern tort law. The casebook emphasizes principal cases decided in the 2020s covering a broad range of present-day issues, including invasion of the right of privacy, misappropriation of persona, misrepresentation, defamation, the economic loss rule, fraud, breach of fiduciary duty, interference with contractual relations, bad faith performance of contract, commercial disparagement, false and deceptive advertising, trademark infringement, trade secrets, copyright infringement, malicious prosecution, and SLAPPS. Advanced and Business Tort Law including contemporary cases, issues, and perspectives of cultural relevance. They include unauthorized use of the identities of television stars and celebrities, trends in the law of slander and libel, undisclosed use of paid social influencers, media harassment of public figures, Facebook’s banning of controversial posts and defamatory postings, and online reviews, legal claims for police misconduct and modern trends in police immunity, and marketing of performance-enhancing beverages. Professors and students will benefit from: Emphasis on the black letter law and policies underlying tort rules. Problems covering all torts presented in the book with answers provided in the Teachers Manual. Statutes introducing students to variations among states. Straightforward note materials emphasizing key points in each case. Perspective Notes discuss modern developments and policy conflicts.
